February 7, 2002

Ivan Seidenberg, President and co-CEO
Bill Barr, Executive, Vice President and General Counsel
Verizon Telecommunications
1095 Avenue of the Americas, 36th Floor
New York, NY 10036

Dear Sirs:

We write to you regarding Verizon’s plans to use customers’ calling records for marketing purposes. Verizon has failed to provide its customers with adequate notice or to obtain customers’ actual permission before using their “Customer Proprietary Network Information.” Instead, Verizon has sent customers a vague notice and established an unreasonably burdensome opt-out process. We ask you to cease Verizon’s plan to use the records of telephone calls for marketing purposes. Verizon’s plan is unfair and needlessly jeopardizes the privacy of telephone subscribers.

Verizon’s website expresses the company’s commitment to protecting customer privacy. We applaud this goal. However, as customers are beginning to understand the consequences of the opt-out policy and have experienced numerous difficulties attempting to opt-out, many have begun to publicly question Verizon’s practices and policies.

Last year, the Electronic Privacy Information Center (EPIC), joined by 18 consumer organizations, urged the Federal Communications Commission to reestablish the opt-in standard to safeguard telephone privacy. Recently, we were joined by the Attorneys General in more than 39 states who have also called on the FCC to support the opt-in standard.

The Verizon opt-out policy appears on the last page of customers’ statements. The policy never mentions the word “privacy,” and instead is titled “Customer Proprietary Network Information ­ Special Notice.” Additionally, the opt-out policy never specifies that “Customer Proprietary Network Information” refers to calling records—a detailed list of every call an individual makes. This notice is vague and does not adequately inform consumers of the nature of the information collected or the significance of failing to opt-out.

Furthermore, Verizon customers who have attempted to opt-out have encountered a cumbersome and confusing process. Individuals must provide their phone number, their account number, the name on the account, their address, and speak the name of the “authorized” person to make decisions on the account. This process places an unreasonable burden on consumers who simply wish to protect their privacy. Further, the script used by Verizon to guide consumers through the opt-out process employs language that discourages individuals from exercising their rights. For instance, when a consumer chooses to opt-out, the script responds, “You are requesting to establish a restriction on your account”­­a characterization that misleads customers about the ramifications of their decision. As a leader in communications, Verizon should provide a much better procedure for telephone customers.

After EPIC, state Attorneys General, and numerous consumers opposed Qwest’s plan to use calling data for marketing purposes, the company suspended the program. Qwest's CEO, Joseph Nacchio, explained Qwest's decision as follows: “When many of our customers tell us that they're concerned or don't understand what we're doing, it's time to stop the process and make a change.”

Given the widespread problems encountered by consumers attempting to opt-out of the Verizon program, and in light of your company’s dedication to protecting customer privacy, we urge you to follow Qwest’s example by suspending this plan and to join us in asking the FCC to establish opt-in as a nationwide standard for telephone privacy.

Sincerely,


Marc Rotenberg     Mikal J. Condon
Executive Director     Staff Counsel

cc:

Chairman Michael K. Powell
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Commissioner Kathleen Q. Abernathy
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Commissioner Michael J. Copps
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Commissioner Kevin J. Martin
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

Dorothy Attwood
Chief of Common Carrier Bureau
Federal Communications Commission
445 12th St., SW
Washington, DC 20554

Marcy Greene
Attorney Advisor
Common Carrier Division
Federal Communications Commission
445 12th St., SW
Washington, DC 20554